What is Elder Abuse?

Elder abuse refers to any kind of knowing, intentional, or negligent act by a caregiver or any other person that causes harm or a serious risk of harm to a vulnerable adult. Elder abuse and nursing home abuse or neglect can include the following:

• Physical abuse
• Sexual abuse
• Emotional or psychological abuse
• Negligent care (physical and/or medical neglect)
• Abandonment
• Financial exploitation

Elder abuse can take a variety of forms and may be difficult to recognize. In some cases, the person being abused may be afraid to speak out because of fear of the abuser. Alternatively, the abused person may feel ashamed to admit the abuse. In addition, cognitive problems and medical conditions may make it difficult for the person to communicate what has happened.

It is important to know that the most common abusers of the elderly are someone who is close to the elderly victim, such as an adult child, spouse or other family member. Sometimes the abuse has been going on for years and has worsened with the elderly victim’s increased vulnerability. Sometimes the victim will even defend the abuser’s actions. 

Elder Abuse Facts

It is hard to believe that there are people who would intentionally abuse or exploit an elderly person. And it can be very difficult to accept when you suspect it might be happening to someone you know and love. Unfortunately, elder abuse and exploitation is a widespread problem which often goes unreported. That is why it is so important that you speak up and take action if you suspect someone you know is being abused.

Elder abuse is a crime. It impacts more than the abused senior citizen - it also hurts the people who are close to them. No one wants to see someone they love be hurt or taken advantage of. And it is all the more painful when the person is frail and vulnerable and dependent upon others for their well-being.

Every year, hundreds of thousands of elderly people in Southern California are the victims of abuse, neglect or financial exploitation by family members, caretakers and others. The majority of victims are people who are frail and vulnerable and may require special care for a health condition. In most cases they do not have the strength or ability to protect themselves, which makes them an easy target for their abuser.

All 50 states have laws to protect elderly people from abuse, exploitation and medical or physical neglect. Although laws vary from one state to another, all states have set up reporting systems to turn to in the case of suspected abuse. If you suspect that you or someone you love has been the victim of elder abuse in Southern California, you have a right and a responsibility to do something about it. People who abuse and exploit the elderly should be held responsible for their actions and prevented from abusing others.

To learn more about what you can do if you suspect elder abuse or nursing home abuse has occurred, request a free informational booklet or contact Achtel Law Firm today.

Elder abuse facts ^1,2,3

• Reports of elder and neglect increased 19.7% from 2000 - 2004
• In 20 states, 2 in 5 victims of elder abuse are age 80 or older
• 21.5% of perpetrators are other family members
• 11.3% of perpetrators are spouses or intimate partners
• Over 11,000 elder abuse cases were reported in San Diego in 2006
• Only an estimated 25% of abuses are reported
• The most common form of elder abuse is financial elder abuse
• The National Center on Elder Abuse estimates that only 1 in 25 cases of financial abuse are reported

• 1. 2004 Survey by the Administration on Aging
• 2. News report, NPR
• 3. National Center on Elder Abuse

Financial Elder Abuse

As our population ages, the amount of financial elder abuse is on the rise and escalating more than ever.   We can help.  Perhaps you know an elder who has been unduly influenced into giving some or all of his money or property.  This may occur through an estate document upon death or it could occur during that elder’s lifetime.  Either way, the law affords significant protection of our elders and their families.  You may be able to recover all of what was taken, and in some case potentially punitive damages and / or reimbursement of attorney’s fees.  A few examples of common acts of financial elder abuse are as follows:

• disgruntled son tricked his non-English speaking father to deed over his home and then filed suit to evict his father from the home. 
• Caregiver manipulated elder to name her as beneficiary on a stock account
• Child manipulated elderly and frail parent to giving her access to the elder’s accounts and then stole the elder parents money
• Elder with good credit was manipulated into contracting for a sub-prime mortgage when the elder would have easily qualified for a traditional and less expensive mortgage
• 87 year old man was defrauded into buying annuity that did not begin to make payments until 7 years later where the elder needed the funds for immediate use
• Elder was coerced by caregiver to disinherit children and girlfriend of 20 years in favor of caregiver
• Elder was convinced to buy a Medi-Cal protection trust from a trust mill, spent thousands of dollars on the process and the trust failed to performed as advertised.
• Trustee misappropriated trust funds held in trust for elder, for trustee’s own benefit

Damages and Legal Fees in Elder Abuse Cases

Most of our cases are handled on an hourly basis, meaning you pay by the hour for our services.  However, we understand that often times individuals may not have sufficient financial resources to pay our fees.  Under such circumstances we may be able to take the case on contingency, or a hybrid of hourly and contingency.  A contingency case is one in which the attorneys only get paid if a favorable outcome is reached, and not until the end of the case out of the case proceeds.  Each case is different and whether your case is suitable for contingency will depend on the specific facts and circumstances.  We will be happy to discuss it with you during a free initial consultation.

If you successfully bring a lawsuit on the basis of financial elder abuse, you will be entitled to recover all or some of the following: damages for loss, pain and suffering compensation, treble damages, interest, punitive damages, and attorneys’ fees.